Terms and Conditions
The company means
The customer means any purchaser of any Finda Ltd products or services.
The order means the order for DataMarket products or services.
Advertising services means the publishing by the company of the customer's advertisements in one or more of the company's products.
2. Customer Warranties & Indemnity
2.1. Any customer who is an advertiser warrants and undertakes to the company that no material, statement, representation, or information contained in the customer's advertisement:
(a) is or likely to be misleading or deceptive or otherwise to infringe the Fair Trading Act;
(b) is full or in part defamatory, in breach of copyright, trademark or other intellectual property right;
(c) is in breach of any relevant advertising codes of practice;
(d) is otherwise in breach of any provision of or any statute, regulation or rule of law.
2.2. The customer acknowledges that it is aware that the company is relying on the provisions of clause 2.1. in agreeing to provide the advertising services.
2.3. In consideration of the company performing the advertising services for the customer, the customer agrees to indemnify the company against all and any losses, costs, demands, claims, expenses, proceedings and legal costs arising as a result thereof or as a result of the company having to correct, alter, amend, or otherwise change the advertisement published for the customer.
The prices specified in the order are exclusive of GST. This will be added to the amount of the order and will be paid for by the customer.
4.1. Finda Ltd will invoice for all orders at time of sales. Payment is due 20th of the month following.
4.2. Any cost incurred collecting overdues monies will be borne by the customer.
5. Right to Refuse an Order
The company reserves the right to refuse any order or publish any advertisement placed by the customer and will not be liable for such refusal. This refusal could be because:
(a) the company considers that the publishing of the advertisement could result in a breach of law or code of practice or because the advertisement contains material which the company considers the customer does not have the right to include in the advertisement;
(b) the company considers the customer uncreditworthy.
6. Exclusion of Liability
6.1. While every care will be taken to ensure that the order is completed according to the customer's instructions, the company accepts no responsibility for errors, mis-classification, early, late, or non-insertion of advertisements or loss of, or delay in, delivery of replies.
6.2. It is the responsibilty of the customer to advise the company of any error and the company will not be held responsible for unnotified recurring errors. No responsibility whatsoever will be accepted for any error or inaccuracy in advertisements placed by telephone.
6.3. The company excludes all liability it may have to the customer. The company is not liable to the customer for any loss, damage or otherwise caused to the customer by any act or omission of the company, or any delay in doing anything, whether or not it is contemplated or authorised by any agreement the customer has with the company. This exclusion applies in respect of whatever the customer is claiming for and however the liability arises or might arise if it were not for this paragraph.
6.4. The advertiser's remedy in respect of mirepresentation, repudiation or breach of contract shall be limited to damages not exceeding the cost of the order and Sections 6 to 10 of the Contractual Remedies Act 1979 are expressly excluded.
6.5. Finda Ltd cannot be held responsible for any individual or company's misrepresentation of their trade or profession.
7. Consumer Guarantees Act
If any customer places an order for the purposes of a business as defined in the Consumer Guarantess Act 1993, the provisions of the Act do not apply.
8.Use of the Advertiser's Information
The customer understands that the information supplied to DataMarket Ltd may be held on file. The customer authorises DataMarket Ltd to furnish this information to any third party.
9. Use of the Advertiser's Credit Information
The customer authorises DataMarket Ltd to make any credit enquiries it may require, to pass on this information and to pass on information on any subsequent dealings that the customer may have with the company.
10. Place of Order
All orders between the company and its customers are deemed to be placed in Auckland, New Zealand.
11. Changes to these Terms & Conditions
The company reserves the right to change these Terms & Conditions at any time. They apply to every advertisement placed by the customer to the exclusion of any alleged Terms & Conditions of the customer.
12. Internet Services
If, on this order, the customer has purchased Internet services from the company, additional terms and conditions will apply. In signing this order, the customer acknowledges receipt and agrees to these additional terms and conditions.
13. Advertising Proofs
Proofs are not automatically provided. Proofs will be supplied for advertisements designed.